Christopher J. Cariello
Partner
New York
Chris is an appellate lawyer with deep experience litigating key legal issues at every stage of a case. From crafting pre-litigation strategy to winning in the Supreme Court, he combines incisive analysis with powerful writing to get results.
Chris has represented leading companies across a wide range of industries, including major ISPs, tech titans, national retailers, and name-brand manufacturers, He has authored dozens of briefs in high-stakes appeals in both federal and state appellate courts and the U.S. Supreme Court. And he has embedded in cases at the trial level to brief dispositive motions and class certification oppositions, craft jury instructions, and build a record with an eye towards appeal.
Passionate about intellectual property law, Chris focuses on the copyright and trademark issues that arise at the intersection of commerce and technology. He has litigated several industry-shaping cases involving copyright's intermediary liability doctrines, and he has deep knowledge in the key remedial issues parties face in infringement litigation. Chris also has a wealth of experience in class action defense in both trial and appellate courts, including several appellate victories as lead associate defending the denial of class certification. And his experience includes bankruptcy, telecommunications, constitutional law, and the novel issues confronting Fintech companies.
Chris also maintains an active pro bono practice. Last year, he led a team that prevailed in both federal district court and in the Second Circuit in one of the nation's most closely watched police transparency cases. The year before, he argued and won a precedent-setting parole appeal in New York’s Appellate Division on behalf of a former juvenile offender. And he has won victories for clients in immigration cases and cases presenting novel legal issues under freedom of information laws.
Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.
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Chris's recent engagements include several matters presenting cutting-edge issues of intellectual property law:
- Represented a designer in the U.S. Supreme Court, prevailing in a case that settled the proper interpretation of the Copyright Act’s provision concerning the validity of copyright registrations
- Represented a major national retailer in obtaining appellate reversal of one of the largest trademark verdicts in history
- Represents a major ISP in a closely-watched test of the limits of copyright’s doctrines of intermediary liability
- Represented and prevailed on behalf of a nationwide charity in litigation concerning its prized trademarks
- Represented a biomedical device manufacturer in an appeal presenting trademark functionality and estoppel issues
- Represented a consumer products manufacturer in ongoing trade dress litigation alleging infringement and dilution claims
- Represented a major technology provider in high-stakes copyright litigation presenting issues of infringement, volitional conduct, and fair use
- Represented a university in a major patent appeal, successfully defending one of the largest patent verdicts in history and setting the stage for a favorable settlement
- Represented a major tech company in overturning an adverse PTO decision before the Federal Circuit
- Represented an accused infringer in a precedent-setting copyright appeal concerning doctrines of vicarious infringement and willfulness
- Advised clients from video game creators to major tech companies on product development and litigation strategy
Chris has also served as primary author on briefing before the Supreme Court at both the certiorari and merits stages; in major class actions involving employment discrimination, telemarketing, and products liability; and in bankruptcy cases presenting issues of first impression.
